INDIANAPOLIS —
Don’t be surprised if you see somebody packing a pistol at your local polling place this November.
A 2011 state law that barred local governments from enforcing their own gun restrictions also covers many public buildings where people go to vote.
Indiana Secretary of State Connie Lawson says the law is clear: Unless the polling place falls under the few exemptions in the law, legal gun owners have the right to openly bear their arms while they vote. “That matter has been settled,” Lawson said.
But it’s not quite been put to rest.
Last month, a Zionsville attorney who’s built a law practice as the unofficial enforcer of the 2011 law, filed a lawsuit on behalf of a northern Indiana man who was turned away from his polling place in a fire station during the May primary after he refused to take off his holstered handgun.
Guy Relford thinks his client was a victim of ignorance of the 2011 law and predicts similar incidents may occur with the November election.
“I routinely get calls from people who say their local officials and local law enforcement don’t know or understand the law,” Relford said. “But ignorance is no defense.”
The law in question, known as Indiana’s firearms pre-emption law, prevents local political subdivisions from having their own firearms ordinances. When it went into effect in July 2011, it also did away with local laws that prevented legal gun owners from carrying their weapons into public places like libraries, parks, city halls and fire stations. The law exempts courthouses and schools, where firearms may still be banned.
State Sen. Jim Tomes, R-Wadesville, who authored the law in his freshman year as a legislator, said it was intended for people like Relford’s client: Clay Edinger, a retired Marine and Iraq War veteran who is working on his master’s degree in theology and studying to become a military chaplain. When Edinger went to vote, with his holstered handgun in plain view, he had a copy of the law with him, but was still turned away, Tomes said.
“(The law) was directed at people who have a license to carry a firearm, who’ve qualified for one, who’ve gone through the proper background checks with police,” Tomes said. “Some people imagined that we were going to have people shooting up libraries and parks and that just hasn’t happened.”
Tomes said Relford’s lawsuit has prompted questions about whether he thinks the pre-emption law should be amended to include polling places. His answer: “Absolutely not.”
Like Relford, Tomes is encouraging legal gun owners to show up at polling places and other public places that come under the law with their guns in open view. They think it may counter some fear and anxiety.
“The media reports so many negative stories about guns and gun owners that people are living in fear,” Tomes said. “People are conditioned to react badly to the sight of guns.”
Matt Groeller, president of the Indiana Association of Cities and Towns, said while his organization opposed the firearms pre-emption law when it was debated in the Statehouse, he thinks most communities are complying.
Relford is working to make sure they do. He’s filed three lawsuits targeting local governments that he says have violated the law. One involves the city of Hammond, whose officials have told law enforcement not to enforce their local gun bans but have refused to take the local bans off their books. That lawsuit is in the state Court of Appeals. He’s also sued the city-owned zoo in Evansville, after police ordered a gun-carrying zoo visitor to leave the premises after fellow zoo visitors said they were frightened. That suit is pending.
Maureen Hayden covers the Statehouse for the CNHI newspapers in Indiana. She can be reached at maureen.hayden@indianamediagroup.com.
State News
Voters may see more guns at polling places
Issue is legal and settled, secretary of state says
- State News
-
-
Indiana’s high school grad rate continues upward
Indiana’s reported high school graduation rate continues to improve, moving from 77 percent to more than 88 percent in less than a decade, but there are still significant achievement gaps marked by race and income.
-
Schools chief Ritz on fast learning curve
For many occupants of the Indiana Statehouse, the week after the General Assembly wraps up its final frenzy of work is a quiet one. But not for Glenda Ritz.
-
SLIDESHOW: Governor Otis R. Bowen
Photos from the Indiana State Archives of the late Otis R. Bowen, who served as governor of the state as well as in the Ronald Reagan White House. The Bremen native died Saturday
-
Out of office, Lugar shuns retirement
One year ago, Indiana’s longest serving U.S. senator was rejected by Republican primary voters and forced into an unwelcome retirement from a distinguished political career that spanned 46 years. But at 81, former U.S. Sen. Richard Lugar is hardly in a resting mode.
-
Lugar wary of Syria involvement
Former U.S. Sen. Richard Lugar has been out of office since early January, but he’s still being sought after for his opinion about foreign policy matters he once helped shape.
-
Judge grants class status to lawsuit again BMV
INDIANAPOLIS — As many as 4 million Indiana drivers could become plaintiffs in a lawsuit alleging the Indiana Bureau of Motor Vehicles has overcharged for driver’s licenses since 2007.
-
Budget deal includes little funding for criminal code reform
Facing the end-of-session deadline, Indiana legislators moved forward on a bill to overhaul the state’s criminal sentencing laws but left undone the issue of where local communities will get the money to implement it.
-
Legislators closing in on final budget
In his first four months as the chief budget maker in the Indiana House, Republican Rep. Tim Brown hasn’t been surprised by the long hours, multiple demands and intense debate that goes with crafting a $30 billion spending plan.
-
New poll shows voters tepid on Pence tax plan
With just days to go before the deadline for a final budget bill, a new independent poll shows Republican Gov. Mike Pence may not have gotten much mileage for his travels around the state pitching his 10 percent tax cut plan.
-
DOC hopes ‘cold case’ cards lead to solved cases
Indiana state prison officials are using customized playing cards for a deadly serious purpose: To help unlock the mysteries of unsolved murders and persons gone missing.
-
Indiana attorney general says Congress must act on immigration reform
Amidst concerns that the Boston Marathon bombing may derail federal action on comprehensive immigration reform, Indiana Attorney General Greg Zoeller is turning up some collective heat on Congress to move ahead.
-
Disagreements stall criminal code reform bill
Negotiations over the final language in a bill that rewrites Indiana’s criminal code may come down to the last week of the legislative session.
-
Budget forecasters predict bigger drop in gaming revenues
While a gaming bill is still in play in the General Assembly, state budget forecasters are predicting the payoff to the state from legalized gambling will be even lower than they thought.
-
Legislature heads into final stretch
The Indiana General Assembly has slogged its way through hundreds of bills since convening in January but in some critical ways, the real work has just begun.
-
Criminal records bill passes Indiana Senate
Legislation that would allow some people with long-ago arrests and convictions in Indiana to wipe clean their criminal record has moved one step closer to the governor’s desk.
-
Court challenge likely for welfare drug-testing bill
Both chambers of the Indiana General Assembly have passed a bill that ties drug testing to welfare benefits, but if signed into law, the next debate may be on the question: Is it constitutional?
-
Push to roll back ban on in-state tuition for immigrants stops short
House Republicans who wanted to roll back a two-year-old ban on in-state tuition for the children of undocumented immigrants have abandoned their plan to expand a Senate bill covering a much smaller group of students.
-
House committee OKs in-state tuition for some undocumented students
The debate over in-state college tuition for the children of undocumented immigrants is headed for the Indiana House.
-
Legislators working on funding plan for criminal code rewrite
As legislation that overhauls Indiana’s criminal code moves forward, supporters of the bill are working on finding funding for local communities to implement it.
-
Republican super PAC leader backs immigration reform
As the politics of immigration reform heats up in the Statehouse and Congress, a prominent Republican is ramping up his efforts to rid the influence of what he calls anti-immigrant “extremists” in his party.
-
House considers bill to shorten school day
Legislation that would have freed the state’s high-performing schools from the mandatory 180-day school year has been amended in the House with a provision to shorten the school day instead.
-
House committee debates ban on in-state tuition for immigrant children
Two years after banning the children of undocumented immigrants from paying in-state tuition rates at the state’s public universities, Indiana legislators are debating whether to roll back that prohibition.
-
Pence says Senate GOP plan for 3 percent tax cut not enough
Indiana Gov. Mike Pence appears to be still dug in on his demand for a 10 percent income tax cut, despite a “nod” from Senate Republicans willing to give him a smaller slice of what he wants.
-
Conservative coalition supports rollback of immigrant tuition ban
Supporters of a national coalition of conservative clergy, law enforcement and business leaders are calling on Indiana lawmakers to roll back the state’s ban on in-state college tuition for the children of immigrants who came here illegally.
-
Pence’s 'ERASER' bill appears dead
Legislation pushed by Gov. Mike Pence to eliminate licensing requirements for more than a dozen occupations is apparently dead, killed by a lack of support from both Republicans and Democrats in the General Assembly.
-
Bill limiting seclusion and restraint to discipline students moves ahead
Legislation aimed at reducing the use of physical restraints and locked isolation rooms to discipline students continues to gain support in the General Assembly.
-
House committee pushes Pence to negotiate Medicaid expansion
Indiana Gov. Mike Pence has insisted he won’t expand what he calls the “broken” Medicaid health insurance program for the poor, but some state legislators are encouraging him to do so, even it’s called by another name.
-
Debate over pot penalties not over in Indiana
The politics of pot may keep Indiana lawmakers from rolling back the state’s tough marijuana laws this session, but it won’t eradicate the push for decriminalization.
-
Gun-rights lawmaker wants tougher gun penalty
One of the chief sponsors of legislation that would rewrite the Indiana criminal code wants to amend the bill to add a mandatory five-year prison sentence for using a gun to commit a felony.
-
DOC says criminal code bill will cause spike in prison numbers
A week after Gov. Mike Pence caught lawmakers by surprise with his opposition to a major criminal code reform bill, the state Department of Correction is projecting the bill will blow up the state’s prison population far beyond what the legislature’s non-partisan research agency says it will.
- More State News Headlines
-
Indiana’s high school grad rate continues upward
Jodi Arias: Death Penalty Would Cause More Pain
Looking for Love? Take the Prague Metro
Raw: New Video of Deadly Oklahoma Tornado
Raw: Costa Rica Volcano Roars to Life
Today in History May 22
First Person: Baby Falcons on a New York Bridge
Raw: Japan's WWII Atrocities Under Fire in Seoul
Raw: Students Clash With Police in Chile
Oklahoma: Images of Devastation, Reunion
Police Ram House to End Hostage Standoff
Crews Race to Find Survivors of Okla. Twister
IRS Official Pleads 5th Amendment
Reunited Dad, Son: 'We Just Praise God'
Lawyer: Feds Investigating Susan Powell Case
Protests Outside Cincinnati IRS Office
Tim Cook Defends Apple's Tax Accounting
Families Begin Returning to Their Homes in Moore
Raw: Aussie Zoo Shows Off White Rhino Calf
Slow Pokes: Acupuncture Helps Sick Turtles
Raw: Aerial View of Moore Tornado Damage
Oklahoma Survivors, Heroes Survey Damage
Trout's cycle a boost for Angels
Kim Kardashian Flaunts Pregnant Bikini Body in Greece
NBA star pledges $1M to help tornado recovery
Shakira's Shocking Talent
Morgan Freeman falls asleep on air
GRAPHIC: Blood-Soaked Machete Killer Caught on Tape
Elin Nordegren Furious With Lindsey Vonn For Parading Kids in Public
Camera Captures Climber As He Loses Grip And Falls
Helen Mirren Meets with Dying Boy in Queen Elizabeth's Place
Crowd Chants '¡Si, Se Puede!' After Passage of Immigration Bill
DWTS Crowns a Winner
Demi Moore a Rocks Bikini at Harry Morton's Family House
Anthony Weiner: I'm running for New York City mayor
Kate Middleton's Dress Flies Up
VIRAL: Baby makes epic soccer goal
The Hangover Baby All Grown Up
Olivia Munn Flaunts Her Bikini Bod
